Jan 04, 2007 - 08:03:13 CST
The lawyer for a woman accused of biting off part of an off-duty police officer's ear has requested that she get a psychological evaluation.Steven Balaban, the appointed attorney for Patricia Reiss, requested Wednesday that South Central District Judge Sonna Anderson order Reiss to undergo a psychological evaluation and receive treatment for any psychological conditions at the psychiatric ward of St. Alexius Medical Center.
Balaban said Reiss suffers from several disorders, including bipolar disorder and schizophrenia. He requested she be held in the psychiatric ward for 30 days.
"They can get her stabilized," he said. "They can get her on medication."
He said Kent Morrow, who originally was appointed on the case, had filed a motion for a psychological evaluation at West Central Human Services Center on Oct. 31, which was approved on Nov. 3. However, West Central Human Services Center rejected the request on the grounds that they do not do psychological evaluations to determine competency to stand trial, Balaban said.
Burleigh County Assistant State's Attorney Lloyd Suhr objected to the request. He said most psychological evaluations to determine a person's competency to stand trial or criminal responsibility are conducted at the state hospital in Jamestown.
"This is simply a defendant who doesn't want to sit in jail any more," said Suhr, who also noted that defendants have walked away from hospitals in the past while in custody.
Anderson said she will sign an order granting Balaban's request for an evaluation, if St. Alexius will agree to conduct the evaluation in a secure facility. If St. Alexius will not do the evaluation, Anderson said she will order an evaluation be conducted at the state hospital.
Reiss has been held on a $10,000 cash bond since September. She was charged with aggravated assault and preventing arrest, both Class Cfelonies, after allegedly biting off part of an off-duty Canadian police officer's ear and allegedly struggling with officers who tried to arrest her on Sept. 10.
Reiss has pleaded not guilty to both charges. Balaban said Wednesday that the defense plans to proceed to trial and will not accept a plea agreement offered by the state's attorney's office.
Anderson said a three-day trial will be scheduled by the court administrator. Suhr said he has 16 potential witnesses who could testify, many of whom are Canadian police officers who were with the alleged victim on Sept. 10.
(Reach reporter Jenny Michael at 250-8225 or jenny.michael@;bismarcktribune.com.)
Richard wrote on Jun 26, 2007 11:34 PM:
Michelle, LSW wrote on Jan 10, 2007 8:12 AM:
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